Germany presents plans to detain asylum-seekers “close to the border”

Germany will detain asylum-seekers “close to its border” and fast-track deportations if they are to be returned to other EU countries, the German government announced on Tuesday (10 September) as it seeks to crack down on irregular migration. 

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Nancy Faeser (l, SPD), Federal Minister of the Interior and Home Affairs, Marco Buschmann (M, FDP), Federal Minister of Justice, and Annalena Baerbock (Bündnis 90/Die Grünen), Foreign Minister, at a press conference on the continuation of the talks between the coalition with the CDU/CSU and the federal states on migration policy. [Carsten Koall/picture alliance via Getty Images]

Nick Alipour Euractiv 11-09-2024 06:15 3 min. read Content type: News Euractiv is part of the Trust Project

Germany will detain asylum-seekers close to its border and fast-track deportations if they are to be returned to other EU countries, the German government announced on Tuesday (10 September), as it seeks to crack down on irregular migration. 

Pressure has been rising on Germany to reduce irregular migration following last year’s spike in illegal border crossings and a series of terror attacks, which were linked to asylum-seekers. 

On Monday, Interior Minister Nancy Faeser promised to present an EU-law-compliant solution for turning asylum-seekers away if another EU country is found to be legally responsible for processing them. 

However, the model that Faeser presented on Tuesday, which will “be pursued further”, does not involve turning such ‘Dublin cases’ away before they can enter Germany. 

Faeser told journalists in Berlin that instead, the government is banking on a mix of "accommodation close to the border" and fast-track procedures.

As before, migrants who illegally enter will be turned away if they do not apply for asylum. But if they do apply, police may now systematically send migrants “to prison or other institutions with strict conditions” to prevent them from absconding while reviewing whether another EU country is responsible for their claim, Faeser explained.

The scale of such detentions remained unclear.

Germany previously had problems with deporting ‘Dublin cases', such as the Syrian asylum-seeker who committed a terror attack in Solingen in August. Authorities had failed to return him to Bulgaria, as they did not find him at his registered residence. 

Faeser said all further steps required to return the migrant should be fast-tracked and completed “within five weeks” via “availability 24/7.” This includes obtaining permission from other EU countries to return applicants and legal appeals. 

Faeser also promised investment into facilities and staff to that end.

"No exceptions to EU law”

Notably, according to EU law, the government’s plans do not involve declaring an ‘emergency’ to systematically refuse entry to irregular migrants on the spot without reviewing which country is responsible for them.  

This strategy was demanded by the main opposition party, the centre-right CDU, as a condition for agreeing on a joint package of measures in Tuesday's negotiations with the government. 

The ministers present at the presentation, including foreign minister Annalena Baerbock (Greens) and justice minister Marco Buschmann (FDP), argued that this would have likely breached European law, however. 

Faeser pointed to reactions from “some neighbouring countries” to Germany’s prior announcements, which included a harsh rebuttal from Poland’s prime minister, Donald Tusk. “That is why there will be no risky exceptions to European law,” Faeser said. 

“It would only be playing into the hands of terrorists (...) if we as Europeans were to disintegrate over this now and go it alone nationally,” Baerbock added. 

Opposition withdraws from talks.

The CDU hence claimed that the plans would only see asylum-seekers returned who were registered in a central EU database (EURODAC) by the country of arrival but not those unregistered, according to Bild, which Faeser denied without providing details. 

CDU officials subsequently withdrew from the talks. The government reaffirmed that they would be open to restarting talks but will move ahead with the plans. 

Faeser said the provisions are supposed to be a transitional solution until last year’s EU migration reform takes effect, as they have a two-year implementation period. 

This adds to yesterday's announcement that Germany will introduce checks at all its land borders as an officially permitted exception to the rules of the Schengen area, which normally allow border-free travel.

[Edited by Alice Taylor-Braçe]

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